Transcript of the Testimony of Kevin Brown Date: May 22, 2010 Case: Printed On: May 26, 2010 Sargent's Court Reporting Services, Inc. Phone: 814-536-8908 Fax: 814-536-4968 Email:
[email protected] Internet: www.sargents.com Page 1 STATEMENT UNDER OATH OF KEVIN BROWN taken pursuant to Notice by Brett Steele, a Court Reporter and Notary Public in and for the State of West Virginia, at the National Mine Health and Safety Academy, 1301 Airport Road, Room C-123, Beaver, West Virginia, on Saturday, May 22, 2010, beginning at 5:50 p.m. Any reproduction of this transcript is prohibited without authorization by the certifying agency. SARGENT'S COURT REPORTING SERVICES, INC. (814) 536-8908 Page 2 1 A P P E A R A N C E S 2 3 DEREK J. BAXTER, ESQUIRE 4 U.S. Department of Labor 5 Office of the Regional Solicitor 6 1100 Wilson Boulevard 7 22nd Floor West 8 Arlington, VA 22209-2247 9 10 TERRY FARLEY 11 West Virginia Office of Miners' Health, 12 Safety and Training 13 1615 Washington Street East 14 Charleston, WV 25311 15 16 NORMAN PAGE 17 Mine Safety and Health Administration 18 20 21 BETH SPENCE 22 West Virginia Independent Investigation 23 25 SARGENT'S COURT REPORTING SERVICES, INC. (814) 536-8908 Page 3 1 I N D E X 2 3 OPENING STATEMENT 4 By Attorney Baxter 5 - 9 5 WITNESS: KEVIN BROWN 6 EXAMINATION 7 By Mr. Farley 10 - 30 8 EXAMINATION 9 By Mr. Page 30 - 48 10 EXAMINATION 11 By Ms.